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Measures against Avoidance and Abuse of Public Procurement Regulation & Private Law Aspects of Public Procurement 避免和滥用公共采购法规的措施&公共采购的私法方面
Bratislava Law Review Pub Date : 2021-12-30 DOI: 10.46282/blr.2021.5.2.273
Adam Máčaj, Daniel Zigo
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引用次数: 0
Phelan, William: Great judgments of the European Court of Justice. Rethinking the Landmark decisions of the Foundational Period 威廉·费兰：欧洲法院的伟大判决。对建国时期标志性决策的再思考
Bratislava Law Review Pub Date : 2021-06-30 DOI: 10.46282/blr.2021.5.1.250
Ondrej Blažo
{"title":"Phelan, William: Great judgments of the European Court of Justice. Rethinking the Landmark decisions of the Foundational Period","authors":"Ondrej Blažo","doi":"10.46282/blr.2021.5.1.250","DOIUrl":"https://doi.org/10.46282/blr.2021.5.1.250","url":null,"abstract":"","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43856139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Defamation on Social Media 社交媒体上的诽谤
Bratislava Law Review Pub Date : 2021-06-30 DOI: 10.46282/blr.2021.5.1.226
Sandra Sakolciová
{"title":"Defamation on Social Media","authors":"Sandra Sakolciová","doi":"10.46282/blr.2021.5.1.226","DOIUrl":"https://doi.org/10.46282/blr.2021.5.1.226","url":null,"abstract":"There is no doubt that social media have become a very important part of many people’s everyday life. The consequences of their usage is an increased engagement in defamation, most likely due to the aspect of anonymity present in the online environment. Such cross-border (or more precisely border-less) defamation raises difficult challenges in terms of jurisdiction and applicable law. These challenges, which will be analysed in more detail in the article, remain unresolved up until today. Moreover, negative effects occur not only within private international law itself, but status quo significantly influences the exercise of basic human rights, too. Besides analysing the existing EU legal framework and applicable case-law, the article also looks into the possible alternatives.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49382479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legislation of the Republic of Serbia in the Field of Prevention of Corruption on Public Procurement 塞尔维亚共和国在防止公共采购腐败领域的立法
Bratislava Law Review Pub Date : 2021-06-30 DOI: 10.46282/blr.2021.5.1.234
Jelena Kostić, Marina Matić Bošković
{"title":"Legislation of the Republic of Serbia in the Field of Prevention of Corruption on Public Procurement","authors":"Jelena Kostić, Marina Matić Bošković","doi":"10.46282/blr.2021.5.1.234","DOIUrl":"https://doi.org/10.46282/blr.2021.5.1.234","url":null,"abstract":"The public procurement as a process by which governments, as well as other bodies governed by public law, purchase products, services, and work, create the cost to the state budget, and taxpayers. The high value of transactions and close interaction between public officials and businesses expose public procurement to corruption risk. According to the Serbian legislation, violation of public procurement rules can be qualified as misdemeanour or crime. The specific crime of abuse in public procurement has been introduced in the criminal legislation by 2012 amendments to the Criminal Code. In addition to the repressive response to the corruption in public procurement, the potential abuses can also be prevented by other measures. To prevent irregularities and decrease vulnerabilities to corruption, a new Law on Public Procurement was passed in December 2019.\u0000Therefore, in this paper, authors analyse criminal provisions aimed to deter possible offenders, but also assessed other non-criminal provisions and the functioning of control mechanisms, such as supreme audit and internal financial control in the Republic of Serbia. In the paper, authors strive to make recommendations for improving the prevention and repression mechanisms against abuse in public procurement procedures.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49193447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial 对欧洲人权法院关于国家法院在公平审判权方面的公正性和独立性的决定的反思
Bratislava Law Review Pub Date : 2021-06-30 DOI: 10.46282/blr.2021.5.1.228
Alla Demyda
{"title":"Reflection of Decisions of the European Court of Human Rights on Impartiality and Independence of National Courts in Context of the Right to a Fair Trial","authors":"Alla Demyda","doi":"10.46282/blr.2021.5.1.228","DOIUrl":"https://doi.org/10.46282/blr.2021.5.1.228","url":null,"abstract":"The article focuses on the principle of impartiality and independence of judiciary as a part of the right to a fair trial according to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, an account will be taken of the case law of the European Court of Human Rights in matters of applications from national judges. The article considers the reflection of the decision of the European Court of Human Rights on the amendment of national legislations and the amendment of the provisions of the national constitutions regarding the principles of justice.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48966022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Digitalisation of the Value Added Tax 增值税数字化
Bratislava Law Review Pub Date : 2021-06-30 DOI: 10.46282/blr.2021.5.1.240
Peter Rakovský
{"title":"Digitalisation of the Value Added Tax","authors":"Peter Rakovský","doi":"10.46282/blr.2021.5.1.240","DOIUrl":"https://doi.org/10.46282/blr.2021.5.1.240","url":null,"abstract":"This paper focuses on Value Added Tax (VAT), due to the importance of indirect taxes as one of the most vital tax revenue generators in the EU. VAT is more stable and contributes more to the tax mix than direct taxes. However, the VAT gap is still a serious problem for the national governments, as it reduces the overall tax revenue. Tax authorities are looking for more opportunities to reduce the information asymmetries between them and the taxation subjects. Due to that, collection and analysis of big data seems to be an excellent opportunity to do so in the Slovak Republic as well. One of the biggest sources of big data in VAT in Europe and the world is formed by the so-called “real-time reporting” and electronic filing, since electronic filing is mandatory in the majority of EU countries nowadays. However, policy makers should bear in mind that the mere collection of data is not enough (Bal, 2014). The main subject of this paper is to find, analyse and take into account the most important measures of VAT in the context of digitalisation. In addition, this paper focuses on new trends and challenges for VAT in the Slovak Republic, which may follow the trends within the world.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45430521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Parliaments versus Raising Extremist Member of Parliament 议会与培养极端主义议员
Bratislava Law Review Pub Date : 2021-06-30 DOI: 10.46282/blr.2021.5.1.213
Manferd Dauster
{"title":"Parliaments versus Raising Extremist Member of Parliament","authors":"Manferd Dauster","doi":"10.46282/blr.2021.5.1.213","DOIUrl":"https://doi.org/10.46282/blr.2021.5.1.213","url":null,"abstract":"(Right-wing) extremism is on the rise across the continent. Propaganda and other activities affect European societies and parliaments. Extremists do not stop their activities in front of parliaments’ buildings. As far as extremist performance within parliaments is concerned, parliaments may react to them using measures of order, as provided for by their Rule Books but cannot apply them to harmful activities outside the parliament in the ordinary (political) arena. Parliamentarian means of defence appear inadequate and at the end not efficient to defend our representative democracies. By comparing the present German constitutions in perspective of the German constitutional history, the article seeks to find „sharper armoury“ for parliamentary defence. In conclusion, some consideration is given to constitutional amendment providing parliaments with the authority to expel the unruly Members of Parliament.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47352064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Industry 4.0, Legal Protection of the Employee and Intercultural Impact of Labour Migration 工业4.0、雇员的法律保护和劳动力迁移的跨文化影响
Bratislava Law Review Pub Date : 2021-06-30 DOI: 10.46282/blr.2021.5.1.219
A. Kainz
{"title":"Industry 4.0, Legal Protection of the Employee and Intercultural Impact of Labour Migration","authors":"A. Kainz","doi":"10.46282/blr.2021.5.1.219","DOIUrl":"https://doi.org/10.46282/blr.2021.5.1.219","url":null,"abstract":"Industry - Industry 4.0 [I4.0] is the main topic of discussions and proposals for innovative changes. In the last five years, inside industry sectors took place the intellectual clashes among digitisation, robotisation and automation. These concepts have been combined with performance, efficiency gains, steady economic growth, employment, labour migration, and increasing labour productivity in all managerial or economic forums. In particular, the European Union [EU] is one of the foremost leaders in improving workforce quality, given the increasing share of robotics and automation. The competitive pressure, beset on individual EU member states by countries with low-cost labour, is increased by assessing economic growth, increasing labour productivity, and setting social-law standards in the EU.\u0000On the other hand, increasing the automation of production plants leads to increased employment pressure and contributes to managed labour migration. This migration is mainly about the pressure on competencies, quality, number of employees and the negative development of the demographic curve in the EU. All this reflects the demand for more robust legal protection for workers in the field of social assistance and legal regulations generally linked to a rapid change in labour market conditions. The resulting mix will have a significant impact on the economy’s performance and competitiveness.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46021858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
How to Enforce the Fundamental Values of the European Union? 如何强化欧盟的基本价值观?
Bratislava Law Review Pub Date : 2021-06-30 DOI: 10.46282/blr.2021.5.1.243
Jaap W. De Zwaan
{"title":"How to Enforce the Fundamental Values of the European Union?","authors":"Jaap W. De Zwaan","doi":"10.46282/blr.2021.5.1.243","DOIUrl":"https://doi.org/10.46282/blr.2021.5.1.243","url":null,"abstract":"This article contains the written, and slightly elaborated, version of a presentation the author made to the Bratislava Legal Forum Conference of 22 April 2021.\u0000The topic of the Bratislava Legal Forum Conference: Law in Crisis and Crisis in Law, inspired the author to make a presentation about the state of play, in the European Union (hereafter also: EU or Union), with regard to the respect of its fundamental values.\u0000The respect of the EU’s fundamental values concerns a crucial problematic. Full respect is a precondition to allow an organisation to function properly.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45042236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal Model of Air Protection in Poland – Selected Issues 波兰空气保护的法律模式-若干问题
Bratislava Law Review Pub Date : 2021-06-30 DOI: 10.46282/blr.2021.5.1.231
Ewa Radecka
{"title":"Legal Model of Air Protection in Poland – Selected Issues","authors":"Ewa Radecka","doi":"10.46282/blr.2021.5.1.231","DOIUrl":"https://doi.org/10.46282/blr.2021.5.1.231","url":null,"abstract":"This article attempts to discuss selected elements of a legal model of air protection in Poland synthetically in order to provide Slovak readers with some overview of the same, which may, subsequently, become the starting point for an international scientific discussion in this field. The author firstly describes the background of the present poor quality of air in Poland, and afterwards presents a brief analysis of reasons why the air should be understood as a common good subject of state protection. Eventually, the author classifies air protection instruments in Poland and discusses the selected ones.","PeriodicalId":33796,"journal":{"name":"Bratislava Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47023946","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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